Will My Mental Illness Affect My Custody Case?

 Posted on October 13, 2023 in Child Custody

Illinois’s laws regarding child custody do allow courts to consider the mental health of all individuals involved. However, merely having a mental illness does not mean that the court will deem you a poor parent. Many excellent parents have mental health diagnoses that do not interfere with their ability to raise their children. If your condition is well managed and you are otherwise stable, you likely have little to worry about. However, there are some circumstances under which courts will strongly consider reducing the amount of time a parent with a more serious mental illness can spend with their children. A major mental illness that impacts your ability to function in daily life may become an issue during your custody proceedings. If you have concerns about how your mental health could impact your child custody case, it is important to consult an experienced attorney. 

The Role of Mental Health in Child Custody

An estimated third of all Americans meet the criteria for one or more mental health conditions. You are far from the only parent who struggles with mental health. As all child custody decisions made by courts must reflect the child’s best interests, courts can consider how a mental illness might impact a parent’s ability to fulfill their parenting responsibilities.

Well-managed depression, anxiety, or PTSD is unlikely to have much of an impact on your custody case. Courts know that a lot of highly functional individuals manage these conditions well. More serious conditions, such as Borderline Personality Disorder or recurrent bouts of psychosis, may be more worrisome. Even severe depression that leads a parent to neglect housework and personal care may worry a judge. It may also be a concern if the mental illness causes the parent to behave in ways that are upsetting to the child. Courts will generally consider the total picture of how a parent’s mental illness affects the child.

Courts may fear that a parent with a poorly controlled or severe mental illness cannot safely supervise their children. In cases where a parent’s mental illness could result in emotional or physical harm to a child, courts may order supervised visitation for the mentally ill parent. Supervised visitation allows a parent to spend quality time with their child, but with someone the court deems an appropriate adult supervising the visit. This option protects the child but also allows both parents to keep spending time together. 

Contact a Rolling Meadows, IL, Child Custody Attorney

Law Offices of Donald J. Cosley is committed to helping parents protect the precious relationship they have with their children. Attorney Don Cosley, a Cook County child custody lawyer, will do all he can to maximize your parenting time. Contact us at 847-253-3100 for a complimentary consultation.